Pavan Kumar Sharma v. State

Delhi High Court · 19 Sep 2013 · 2013:DHC:8239
Sunil Gaur
TR.P.(CRL.) 52/2013
2013:DHC:8239
criminal petition_dismissed

AI Summary

The Delhi High Court dismissed the petition seeking transfer of three cases from the Mahila Court due to delay, holding that dissatisfaction with pace of proceedings alone does not justify transfer.

Full Text
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$-39 HIGH COURT OF DELHI
TR.P.(CRL.) 52/2013 & Crl.M.A. No.14134/2013
PAVAN KUMAR SHARMA
Through: In person Petitioner STATE
VERSUS
Respondent
Through: Ms.Nishi Jain, Additional Public Prosecutor for respondent-State with ASI Rajbir Singh
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
19.09.2013 In this petition, transfer of (i) FIR No.474/06 under Sections
498A/406/34 ofIPC readwith Sections 3/4 of The DowryProhibitionAct registered at P.S. Bhajanpura, titled as State v. Pawan Kumar Sharma, &
Ors., (ii) Application No.MC/CC-314/13 under Section 125 of Cr.P.C. and (iii) Complaint No.V-215/13 under Section 12 of The Protection of
Women From Domestic Violence Act, 2005 both titled as Renu Sharma v.
Pawan Kumar Sharma from the concerned Mahila Court to the court of
Ms. Harleen Singh, Metropolitan Magistrate, North-East District, Karkardooma Courts, Delhi, is sought by petitioner on the ground that the concerned Mahila Court is unnecessarily delaying the matter whereas Ms. Harleen Singh, Metropolitan Magistrate, North-East District had earlier proceededwith the FIR case expeditiously and so, aforesaid three matters pending before concerned Mahila Court be transferred to the court of Ms. TR.P.(CRL.) 52/2013 Page 1
2013:DHC:8239 Harleen Singh, who is also stationed inNorth-East District, Karkardooma
Courts, Delhi.
Upon hearing and on perusal of this petition, I find that merely because three matters of petitioner, as referred to above, are not progressing at a pace which petitioner wants, these three matters cannot be transferred to another court.
Thispetitionandthe application are dismissed with direction to the concerned Mahila Court to expedite the proceedings in the above mentioned three matters.
Concerned MahilaCourtbe apprised of this orderforthwith.
•"^UNIL GAUR)
Judge SEPTEMBER 19,2013 s
TRP.(CRL.) 52/2013 Page2
. J. J 2013:DHC:8239
JUDGMENT